Details
Clear and comprehensive overview of the jurisprudence on evidentiary issues developed by the international and hybrid tribunals and the International Criminal Court
Provides an understanding of the rationale behind the adoptation of a practice or principle of evidence, critically analyzing the legal reasoning employed by the Tribunals
Provides an analysis of domestic legal principles relating to evidence, examining to what extent are they adequately understood by international practitioners and how they influence international criminal practice
Examines to what extent the principles developed by the ad hoc Tribunals will be adopted by the ICC
Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future.
The contributors represent a cross-section of the practising international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.
Readership: Scholars and students of international criminal justice; practitioners and legal officers in international criminal tribunals.
Karim A. A. Khan, Caroline Buisman, and Christopher Gosnell: Preface
Judge Daniel David Ntanda Nsereko, President of the Appeals Division, International Criminal Court: Foreword
Caroline Buisman, Chris Gosnell and Karim A. A. Khan: Introduction
PART I: Antecedents
1: Caroline Buisman, Myriam Bouazdi and Matteo Costi: Civil law Rules of Evidence
2: Peter Murphy and Lina Baddour: International Criminal Law and Common Law Rules of Evidence
3: Vladimir Tochilovsky: The Nature and Evolution of the Rules of Procedure and Evidence
4: Christopher Staker: Interpretive Methodologies and the Use of Precedent in Cases Before International Criminal Courts
5: Christopher Gosnell: The Changing Context of Evidential Rules
PART II: Before the Trial Begins
6: Amal Alamuddin: Collection of Evidence
7: Cainnech Lussiaa-Berdou and Kate Gibson: Disclosure of Evidence
PART III: The Trial
8: Christopher Gosnell: Admissibility of Evidence
9: Wibke Timmermann and Marc Nerenberg: Documentary Evidence
10: Colleen Rohan: Rules Governing the Presentation of Testimonial Evidence
11: Karim A. A. Khan and Gissou Azarnia: Evidential Privileges
12: Avi Singh: Expert Evidence
13: Colleen Rohan: Reasonable Doubt Standard of Proof in International Criminal Trials
14: Andrew J. Burrow: The Standard of Proof in Pre-Trial Proceedings
PART IV: Proof of Facts Other than Through Evidence at Trial
15: Nina Jörgenson: Judicial Notice
16: Inneke Onsea and Linda Bianchi: Additional Evidence on Appeal, Review Proceedings and the Remedy of Reconsideration
Edited by Karim A. A. Khan, Barrister, Temple Garden Chambers, Caroline Buisman, Defence legal consultant, International Criminal Court, and Chris Gosnell, Defence counsel, International Criminal Tribunal for the Former Yugoslavia
Contributors:
Judge Daniel David Ntanda Nsereko
Caroline Buisman, Chris Gosnell and Karim Khan
Caroline Buisman, Myriam Bouazdi and Matteo Costi
Peter Murphy and Lina Baddour
Vladimir Tochilovsky
Christopher Staker
Christopher Gosnell
Amal Alamuddin
Cainnech Lussiaa-Berdou and Kate Gibson
Christopher Gosnell
Wibke Timmermann and Marc Nerenberg
Colleen Rohan
Karim Khan and Gissou Azarnia
Avi Singh
Colleen Rohan
Andrew J. Burrow
Nina Jörgenson
Inneke Onsea and Linda Bianchi
"...meticulous and wide-ranging study...the overall level of detail of the chapters is...commanding" - Journal of International Criminal Justice
